District, County Vie For Canal Jurisdiction

July 21, 1994|By BOB FRENCH Staff Writer

An earthen driveway built by a Central Broward Drainage District commissioner has ignited a turf war between the district and Broward County.

The battle began after county officials gave district Commissioner Vincent Falletta a warning. Officers from the Department of Natural Resource Protection said Falletta failed to get a required county permit when he installed a pipe culvert and filled in part of a canal running in front of his house.

But district officials say they are the ones in charge of permits for work affecting canals, such as culverts, bank improvements, bridges and docks. And Falletta had gotten such a permit, they said.

Now the district is worried that the county is usurping their jurisdiction over the 100 miles of canals that drain Davie, Cooper City and western Hollywood.

"We got to find out how the [Department of Natural Resource Protection) is interpreting this," said District Attorney Douglas Bell. "Now they're stating the district cannot put in improvements or fill its canals without a county permit."

The district board of commissioners on Tuesday asked the district's attorney to meet with county attorneys and resolve who has authority to issue such permits. The 45-square-mile district, which includes 56 canals, stretches from State Road 84 south to Sheridan Street, and from State Road 7 to Interstate 75.

In March, Falletta placed a 36-inch diameter culvert pipe in the bottom of the canal running in front of his home on Luray Road in Sunshine Ranches, west of Cooper City. The pipe was covered with dirt, creating a temporary bridge.

Falletta said the road and the culvert were needed for trucks to gain access to his 5-acre homestead, where he is building a two-story workshop and guest house. He paid $100 for a drainage district permit for the culvert.

Falletta said he only needed a district permit because the canal is owned by the Central Broward Drainage District.

But Stephen Higgins, acting director for the Natural Resource Protection's Biological Resources Division, said Falletta also needs a county dredge and fill permit. That will cost another $250.

"The district is subject to our requirements and so are people living in the district, even if they are members of the district board," Higgins said.

Generally, contractors follow the rules and get both permits, Higgins said. But he said private residents might be unaware of the dual requirement and the county does not routinely hunt down illegal culverts.

A warning notice was sent to Falletta on May 16 after an anonymous caller reported the culvert to the county. He has not been fined, but has been ordered to either take out the culvert or get a permit. If he does not, he could eventually face penalties up to $15,000 a day.

Falletta blames the call on fellow drainage Commissioner Patti Webster. The two have been at odds since Webster was elected in November 1992.

Webster said she had no idea who made the call.

"It wasn't me," Webster said. "I don't even know where he lives."

Webster said the district should not intervene on Falletta's behalf.

"Only thing we voted on was to have our attorney, Doug Bell, speak to the county attorney, not to represent Mr. Falletta," she said.